Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
AI Assist
Summary
Prior testimony given by a witness in a judicial proceeding can be used later to prove the truth of facts stated if the witness is dead, cannot be found, is incapable of giving evidence, is kept away by the adverse party, or cannot be produced without unreasonable delay or expense. The earlier proceeding must have been between the same parties or their representatives, the adverse party must have had the right and opportunity to cross-examine, and the questions in issue must be substantially the same. A criminal trial or inquiry counts as between the prosecutor and the accused.
Example
Ravi testified in a civil suit that a tenant owed him unpaid rent. Years later Ravi dies and the landlord files a new suit against the same tenant over the same unpaid rent. Because the tenant had the earlier opportunity to cross-examine Ravi and the parties are the same, the court can admit Ravi’s prior testimony to prove the rent debt.
Bare Act
Enacted textEvidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable:
Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding.
Explanation.-A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Statements made under special circumstances
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